Personal Injury Case Process in Idaho Falls

Case Process

If you were hurt in an accident that was someone else’s fault, you may be entitled to bring a legal claim for compensation. Knowing what to expect in this complex process can help you decide whether to move forward.

We will discuss the basics here, but speak with one of our injury attorneys at Brent Gordon Law if you need a consultation about your specific case. We can discuss the personal injury case process in Idaho Falls with you in detail.

When Do You Have a Personal Injury Case?

If you suffered financial and other losses because you were injured in an accident that was not your fault, you may have a personal injury case. Regardless of the merit of your case, a judge will not hear it if it is not filed timely. Idaho Code § 5-219(4) requires you to file a lawsuit within two years from the injury date in most cases.

If you bring a case, it should be clear that other parties have more responsibility for the incident than you do. Idaho Code § 6-801 bars you from seeking damages if you were primarily responsible for an accident. If you were only partly at fault, the law reduces the damages you can collect in proportion to your degree of responsibility.

There is a cost associated with bringing a claim, and our attorneys in Idaho Falls can evaluate whether the potential payout is worth the expense of going through the personal injury case process. If you decide to move forward, we take no money up front. Our firm takes its fees out of the settlement or verdict you win, and you owe us nothing if we lose.

Investigation, Calculating Damages, and Negotiation

When we accept a personal injury case, the first task is investigating the incident that caused your injury. We review any information you can provide, like police reports, incident reports, and witness statements. We decide whether we need an outside expert, like a crash reconstruction expert or an engineer, to bolster our evidence.

We also begin calculating your damages early in the process. You are entitled to reimbursement of your lost income and out-of-pocket expenses, and we may need to hire medical experts or economists to determine your future medical costs and diminished earnings. We will also talk with you and sometimes your family members about how the injury has impacted your daily routine and quality of life.

When we have a good idea of your damages and who is responsible for the accident, we contact the responsible parties or their insurance companies. Our attorneys typically write a letter describing the accident, the responsible party’s role in it, and your damages, and negotiations usually begin. If the two-year window for filing a lawsuit will close soon, we also prepare the necessary documents so that we can file a lawsuit if necessary.